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Paycheck Fairness Act

Republican senators again filibustered the Paycheck Fairness Act yesterday, an act that would provide women with additional tools to identify and fight back against pay discrimination. This is the fourth time that Republicans have blocked this bill, despite the persistence of unequal pay for women and men doing the same work.

In Congress, though, Republicans derided the measure as a “show vote” staged by Democrats in an election year. Sen. Mitch McConnell even claimed this bill “threatens to hurt the very people that it claims to help.” But for women working full-time and earning an average of 77 cents for every dollar men earn, this bill would give them the tools to fight back against the pay discrimination that keeps them earning less.

Women are increasingly serving as the primary breadwinners for their households, which means the discrepancy in pay harms not only women’s lives, but also their families. The Paycheck Fairness Act is the best way to start fixing that injustice. Republican senators should stop the unnecessary filibusters so that the Senate can pass this bill and move our country towards equal pay for equal work.

Today marks the 50th anniversary of the signing of the Equal Pay Act. It should be a celebration. But it should also be a wake-up call about how far our country still has to go toward fair pay.

When President Kennedy signed the Equal Pay Act into law, he called the practice of paying women employees less than men doing the same job “unconscionable.” The year was 1963, and Kennedy noted that women were making about 60 percent of men’s average wage.

What was unconscionable then at 60 cents on the dollars is unconscionable now at 77 cents on the dollar, with women of color facing an even greater pay gap. A recent study by the American Association of University Women found that this gap starts early:

“[I]n 2009—the most recent year for which data are available—women one year out of college who were working full time were paid, on average, just 82 percent of what their male peers were paid. After we control for hours, occupation, college major, employment sector, and other factors associated with pay, the pay gap shrinks but does not disappear. About one-third of the gap cannot be explained by any of the factors commonly understood to affect earnings…”

In order words, even after controlling for “choice” factors such as college major – men, for example, are more likely to major in lucrative fields like computer science – the pay gap remains. Women doing the same work as men are still, on average, being paid less.

This discrepancy runs counter to basic ideas of fairness, with implications for almost all other aspects of women’s lives, from long-term economic stability to health and wellness. While 77 cents on the dollar may sound small, over the lifetime women lose hundreds of thousands of dollars because of this gap. It is an injustice that harms not only women, but also their families. And with women increasingly serving as primary breadwinners, the implications for families are compounded. For all of these reasons, PFAW continues to advocate for the Paycheck Fairness Act, which would provide women with additional tools to identify and fight back against pay discrimination.

“Equal pay for equal work” has been a women’s rights rallying cry for decades, powerful in its simplicity and incontestable logic. But as a country, we are not there yet.

With a vote expected in the coming weeks, your Senators need to hear from you now. Today and tomorrow, May 22 and 23, we want to jam the phones to send a clear message of support for the Paycheck Fairness Act. Call 888-876-9527.

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

Representative Rosa DeLauro (D-CT3) and Senator Barbara Mikulski (D-MD) are expected to reintroduce the Paycheck Fairness Act tomorrow in honor of Equal Pay Day. Ask your Representative and Senators to support this important legislation. Be sure to thank them if they’re already cosponsors.

[S]ymbolizes how far into 2011 women must work to earn what men earned in 2010.

Equal Pay Day was originated by the National Committee on Pay Equity (NCPE) in 1996 as a public awareness event to illustrate the gap between men's and women's wages.

Since Census statistics showing the latest wage figures will not be available until late August or September, NCPE leadership decided years ago to select a Tuesday in April as Equal Pay Day. (Tuesday was selected to represent how far into the work week women must work to earn what men earned the previous week.) The date also is selected to [avoid] religious holidays and other significant events.

Because women earn less, on average, than men, they must work longer for the same amount of pay. The wage gap is even greater for most women of color.

Valerie Jarrett, Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement, was herself frustrated.

Today, only Democratic senators voted to support Paycheck Fairness for women -- not a single Republican voted to allow the Senate to move forward. It is notable that the first vote after the election in which the American people sent a clear message that they want Washington to work better, the Republicans blocked a common sense measure aimed simply to help ensure that women get the pay they deserve.

But in the same post, it’s clear that neither she, nor President Obama, nor his Administration are ready to give up.

Despite today’s vote, the Administration will continue its fight for equal pay for women – an issue that in these trying economic times is even more pressing given American families’ reliance on women’s income. The National Equal Pay Enforcement Task Force, with representatives from the Department of Justice, Department of Labor, Equal Employment Opportunity Commission, and Office of Personnel Management, (“OPM”) continues its pursuit of pay equity for women. The agencies are strengthening their own enforcement efforts and working together, building regional partnerships to promote earlier and more effective collaboration on investigations. And with leadership from OPM, we will continue to improve the federal government’s role as a model employer.

This Administration will keep fighting to improve the economic security for women and their families. This includes working hard in this session and the next Congress we will keep fighting for things such as an extension of emergency unemployment insurance, the Earned Income Tax Credit, and other measures we have supported that must now be extended. The President is committed to working with the women who joined us today and people around the country to support women and their families.

The Senate is scheduled to take 2 votes today at 11 am. First up – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

The Administration strongly supports Senate passage of S. 3772, the Paycheck Fairness Act. The persistent gap between men’s and women’s wages demonstrates the need for legislative change. This bill would address this gap by enhancing enforcement of equal pay laws. Specifically, it would prohibit retaliation against employees who ask about or discuss wage information, and it would provide more effective remedies for women subjected to discriminatory pay practices. S. 3772 would strengthen the Equal Pay Act by closing judicially created loopholes in the law and bringing its class action rules into conformity with the Federal Rules of Civil Procedure. S. 3772 also requires the Equal Employment Opportunity Commission to collect pay data to better enforce laws prohibiting pay discrimination.

And here’s a blog post from Terrell McSweeny, Domestic Policy Advisor to the Vice President

First, there is ample evidence that women – regardless of their parental status - do face pay discrimination. Yes, part of the wage gap is a result of occupational choices and other factors. No one denies that. Most economists agree, however, that no matter how many variables you control for an unexplained wage gap between men and women persists. For example, Francine Blau and Lawrence Kahn did an excellent breakdown of the wage gap in 2007 and identified that 41% of the wage gap between men and women could not be explained by controlling for variables. Regardless of the precise percentage of the wage gap, we have a responsibility to ensure that no one in this country makes less as a result of his or her gender.

Wage discrimination is real.

Just ask Lilly Ledbetter. She is a mother. She didn’t seek a “less stressful work environment” than her male counter parts. And she was paid roughly 30% less. If she had been allowed to share information about her pay with her colleagues she would have realized she was being paid less than men with less experience.

But Lilly couldn’t bring that case. She could have lost her job if she discussed her pay with her colleagues. The Paycheck Fairness Act would provide that protection. The author is right there are a lot of laws aimed at this problem – but because they don’t provide basic tools like pay transparency, discrimination persists.

Where employees know how their pay compares to that of their peers they are better able to advocate for themselves and ensure discrimination does not occur. For example, the Institute for Women’s Policy Research recently conducted a survey that shows that only 14% of public sector workers feel that discussions of pay are discouraged or prohibited. In the federal government, the wage gap between men and women is only 11%. Conversely, in the private sector, the survey showed that 61% of employees are discouraged or prohibited from talking about salary information. The wage gap in the broader economy is much larger. It’s common sense that in order to identify and prevent discrimination, employees have to know how their pay compares to that of their peers and that pay would be more equal where workplaces are more open.

Second, lots of women who are parents don’t take time off or seek flexible schedules. This is particularly true in tough economic times when families increasingly rely on women’s income. That’s one of reasons why, for the first time, women now make up nearly half of all workers on US payrolls. In fact, now more than ever women are the primary breadwinners for their families. As families depend more on women’s wages, eliminating wage discrimination is also critical for middle class economic security - families who are working hard can hardly afford to lose part of a paycheck to discrimination.

Motherhood should not be used as a scapegoat here. BLS reports that in 2009, 64% of women in the workforce were not parents at all. And many still are paid less than their male counter parts.

Third, “career breaks” do not necessarily equate with loss of skill. Taking a year or ten off to stay home with kids doesn’t necessarily mean a parent has lost skills.

The Paycheck Fairness Act gives women more tools to get fair pay in the workplace. For example, the legislation allows employees to inquire about wages or share salary information without fear of reprisals. The Act closes loopholes that make it harder for women to challenge being paid different wages for the same work, and it ensures that women who prove their case are compensated fairly.

Women deserve these protections.

Terrell McSweeny is Domestic Policy Advisor to the Vice President

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Take a few minutes now to dial 877-667-6650.

The Senate is scheduled to take its first votes of the lame duck session soon. Number 2 on the list tomorrow – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

We expect the Senate will vote upon the Paycheck Fairness Act as early as tomorrow, Wednesday, Nov. 17th. We may be on the cusp of an historic victory for fair pay, but to achieve it, we need your help.

Today, American Association of University Women members and supporters across the country will join thousands of other pay equity advocates in a nationwide call-in day to support the Paycheck Fairness Act. We have enough votes to pass the bill, which would deter wage discrimination by closing loopholes in the Equal Pay Act and barring retaliation against workers who disclose their wages to coworkers – but we need to win a procedural vote – which has a 60 vote hurdle – so that the bill is considered for passage.

Whether you’ve written, emailed, and called your senators once, twice, or fifty times, today is the day to call again. We want to keep senators’ phones ringing off the hook, and we can do it if you call at least once today and tell your senators that the time has come to pass the Paycheck Fairness Act and make real progress on equal pay for equal work.

Take Action!

Call your senators (toll-free at 877/667-6650 or by entering your zip code above) and urge them to vote for and support the Paycheck Fairness Act without amendments. With a vote as early as tomorrow, your senators need to hear from you TODAY! Once you’ve taken action, forward this alert to your friends and family and encourage them to take action too!

AAUW has been leading the coalition to pass the Paycheck Fairness Act, which would close loopholes, strengthen incentives to prevent pay discrimination, and bring the Equal Pay Act in line with other civil rights laws. It would also prohibit retaliation against workers who inquire about employers' wage practices or disclose their own wages. Call your Senators today!

NOTE: If you’re unable to call today, call tomorrow and every day until the bill passes!

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s today – the day before the vote.

The Senate is scheduled to take its first votes of the lame duck session this Wednesday. Number 2 on the list – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

President Obama’s signing of the Lilly Ledbetter Fair Pay Act formed a strong foundation for pay equity in this country. Now that fair access to the courts has been restored, it is time to build on that foundation. On behalf of the hundreds of thousands of members of People For the American Way, we urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

The Ledbetter v. Goodyear decision was a clear step backward for ending employment discrimination in the workplace, when the Supreme Court held that employees could not challenge ongoing compensation discrimination if the employer’s original discriminatory decision occurred more than 180 days before filing of the claim. The Lilly Ledbetter Fair Pay Act was meant to correct this misinterpretation of the nation’s civil rights laws. It reiterates Congress’ intent to hold employers accountable for discrimination and allows employees a fair chance to fight back.

But they still need the tools to do so. S. 3772 strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

S. 3772 sends a clear message: The wage gap is real. No employer should benefit from discriminating against employees like Lilly Ledbetter. Retaliating against employees who fight for equal pay is unacceptable. Pay equity should be the rule, not the exception. What S. 3772 does not do is also clear: It does not eviscerate employers’ legal rights. It does not take away their right to set their own business practices or constrain them in terms of job applicants. It does not create unfair comparisons between jobs performed or where they’re performed. It does not hurt small businesses, and it certainly does not negatively impact women.

In fact, S. 3772 is good for families who are facing daily struggles in this unsteady economy. The last thing they should be worrying about is whether the women who work so hard to support them are being treated fairly in the workplace. Americans know this to be true. According to a June 2010 National Partnership for Women and Families/Lake Research Partners poll(1) regarding the Paycheck Fairness Act, 84% said they supported “a new law that would provide women more tools to get fair pay in the workplace.” 72% expressed strong support. This message resonated with men (81% support/69% strong) and women (87% support/74% strong) and among Democrats (91% support/83% strong), Republicans (77% support/61% strong), and Independents (87% support/70% strong). It also holds up among racial and ethnic groups and across geographic regions.

For these reasons and more, we strongly urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s tomorrow – the day before the vote.

The Senate is scheduled to take its first votes of the lame duck session on Wednesday, November 17. Number 2 on the list – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

So that you’re prepared for next week, we have updated our fact sheet on the bill. Here’s a sample of our talking points.

The Paycheck Fairness Act sends a clear message. The wage gap is real. No employer should benefit from discriminating against employees like Lilly Ledbetter. Retaliating against employees who fight for equal pay is unacceptable. Pay equity should be the rule, not the exception.

What the Paycheck Fairness Act does not do is also clear. It does not eviscerate employers’ legal rights. It does not take away their right to set their own business practices or constrain them in terms of job applicants. It does not create unfair comparisons between jobs performed or where they’re performed. It does not hurt small businesses, and it certainly does not negatively impact women.

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s Tuesday, November 16 – the day before the vote.

Equal pay in America needed to be put back on track after the Supreme Court’s devastating Ledbetter v. Goodyear ruling, and the Lilly Ledbetter Fair Pay Act answered that call – as the first major milestone of the Obama Administration. Still, this new law cannot on its own do the job of eliminating the wage gap. Additional tools are necessary to bring equality to the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. Especially in this unsteady economy, people who are struggling to pay their bills shouldn’t have to worry about whether they are being discriminated against in the workplace. We need the Paycheck Fairness Act.

As we mark Mother’s Day this Sunday, think about taking action to support women’s rights. Ask your Senators to support the Paycheck Fairness Act. Be sure to thank them if they’re already cosponsors.

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It ensures that employers would not have the incentive to continue to discriminate against workers like Lilly Ledbetter, and in doing so actually increases employer incentives for pay equity. It would also prohibit retaliation against workers who ask about employers’ wage practices and increase educational outreach to employers and employees about proper pay practices.

In President Obama's first few days in office, he has already undone some serious damage from the previous administration with the stroke of a pen. He signed orders to close Guantanamo and the CIA's network of secret foreign prisons. And he repealed the global gag rule prohibiting U.S. dollars and contraceptive supplies from going to any international family planning program that provides abortions or counsels women about their reproductive health options. He's nominated stellar candidates to run the government, many of whom have been confirmed and started their work.

Great start!

President Obama's inauguration this week was enthusiastically celebrated by Americans of all political stripes. Even many former Bush supporters have embraced President Obama and agree that the country needs to move beyond partisanship and division. President Obama's high approval ratings are a clear indication that Americans are willing and ready to do what's needed to heal our economy, restore our good standing in the world and meet the enormous challenges we face.

Unfortunately, it seems that not quite everyone is ready to move forward with us. On Wednesday, led by Sens. Arlen Specter and John Cornyn, Republicans on the Senate Judiciary Committee delayed a committee vote on Attorney General-nominee Eric Holder. Blocking confirmation of this historic nominee is exactly what Americans don't need or want. Whatever political assurances they may be seeking from Holder before he takes the reins at the DOJ, as attorney general, Holder's only commitments should be to the Constitution, the law and the American people (commitments he has already demonstrated that he will honor).

Some of these same Senate Republicans even tried to play partisan games with the Lilly Ledbetter Fair Pay Act, using their ability to offer amendments to slow the legislation. But I am happy to report that last night the Senate passed it! Thank you to all of you who took action over the last few years in support of the bill -- this is a tremendous victory. Next up: the Paycheck Fairness Act! Stay tuned for more on that as we keep up the pressure to get that through the Senate.

Eric Holder's confirmation. The Lilly Ledbetter Fair Pay Act. These are things worth fighting for. We can't count on any party or branch of government to always to do the right thing, but when they do, we need to be there to block for them -- to make sure we're countering the opposition who would deter progress and the restoration of constitutional values to our government.

Lilly Ledbetter received an anonymous tip late in her career with Goodyear Tire and Rubber Co. that she had been consistently paid much less than her male coworkers. Ledbetter sued under Title VII of the Civil Rights Act, which protects workers against pay discrimination, a lawsuit that went all the way to the Supreme Court, which ruled against her 5-4 in Ledbetter v. Goodyear. The Court's ruling, written by right-wing Justice Samuel Alito, said that Lilly should have filed a complaint within 180 days of the time her supervisors gave her discriminatory evaluations that resulted in her being paid less than her male coworkers. Today’s vote in the House puts works like Lilly Ledbetter one step closer to justice. Now on to the Senate!